by Martin Salcedo, Esq. - The Human Equation
on 11/10/2016 The current federal minimum wage under the Fair Labor Standards Act (FLSA) is $7.25 per hour ($2.13 for tipped employees). Most states, however, have established their own minimum wage, and employees in these states are entitled to whichever minimum wage is higher. Given the existence of multiple minimum wage rates, employers, particularly those operating in more than one state, must know which minimum wage rate (or rates) may apply to their operations.
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Tags: FLSA, federal minimum wage, Arizona, Colorado, Florida, Missouri, Montana, New Jersey, Nevada, Ohio, Oregon, South Dakota and Washington
Categories: 2016, 2017
by Martin Salcedo, Esq. - The Human Equation
on 7/9/2014 When has an employer done enough to avoid liability for disability discrimination? Though hard and fast rules are rare in employment discrimination cases, particularly those involving disabilities, the Tenth Circuit Court of Appeals recently held that employers are almost never required to provide more than 6 months leave to an employee with a disability.
The quality versus cost argument is nothing new especially when it comes to insurance. Consumers who pay less tend to get less, whether in the form of coverages, limits or financial security. And, when people choose cost over quality, it usually means they are uninformed about what they really need.
In Hwang v. Kansas State University, an assistant professor working under a one year employment contract was diagnosed with cancer. KSU gave Ms. Hwang a six-month paid leave of absence so she could get treatment. On the advice of her doctor, Ms. Hwang requested additional time off. According to Ms. Hwang, KSU refused her request and effectively terminated her employment.
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Tags: 2014, ADA, Americans with Disabilities Act, Civil Rights Act, Employee Relations and Communication, employee relations and diversity, Employee Status and Job Descriptions, Employment Liability, Florida, government forms, Human Resources, Laws and Regulations, Leaves of Absence, Risk Management, Rules and Conduct, United States Department of Labor, Workplace Rights, Hwang V. Kansas, Kansas State University
Categories: 2014, Human Resources
by Martin Salcedo, Esq. - The Human Equation
on 10/22/2013 Effective January 1, 2014, Florida’s minimum wage will be $7.93 per hour. This is an increase of 14 cents over the 2013 minimum wage of $7.79 per hour. The minimum wage for tipped employees will increase by the same amount to $4.91 per hour
Florida’s minimum wage is the result of a 2004 voter-approved amendment to the Florida Constitution, and it applies to all Florida employees who are covered by the Fair Labor Standards Act’s federal minimum wage.
Every year, Florida’s minimum wage is recalculated to consider the rate of inflation during the prior year, and according to the Florida Supreme Court, only upward adjustments are permitted. More...
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Tags: 2013, benefits & compensation administration, benefits & compensation administration, benefits & compensation administration, benefits & compensation administration, Benefits and Compensation, Benefits and Compensation Administration, bonuses & pay increases, bonuses & pay increases, Bonuses and Pay Increases, FLSA, Florida, Minimum Wage, Minimum Wage and Overtime, Wage and Hour, wage & hour, wage & hour, wage & hour
Categories: 2013, Human Resources
by Anita Byer, President - The Human Equation
on 2/19/2013 In a previous article we discussed what can happen when a condominium association improperly handles an accommodation request involving a service animal. Unfortunately, a recent federal case in Florida shows that some associations are still struggling with requests for service animals.
In this case, a veteran of the U.S. Air Force suffering from Post-Traumatic Stress Disorder (PTSD) was told he could not keep his dog because it exceeded the association’s 25-pound limit. The unit owner sent a letter from his treating physician stating that the emotional support animal was prescribed to help the unit owner cope with his PTSD-related depression, stress and anxiety. The physician then provided two more letters describing the nature of the disability and the need for an emotional support animal in greater detail.
Nevertheless, the association requested more information from the unit owner and his physician. After several months without a response, the association formally demanded removal of the dog. After filing a complaint with the Department of Housing and Urban Development and the Florida Commission on Human Relations, the unit owner sued the association under the federal and Florida Fair Housing Act (FHA) for denying him a reasonable accommodation.
More... by Martin Salcedo, Esq. - The Human Equation
on 10/24/2012 Effective January 1, 2013, Florida’s minimum wage will be $7.79 per hour. This represents an increase of 12 cents over the 2012 minimum wage of $7.67 per hour. The minimum wage for tipped employees will increase by the same amount to $4.77 per hour.
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